Code of Conduct for Vietnamese Enterprises Sending Workers for Overseas Employment

Type of practice: Industry standards
Country: Viet Nam
Name of Stakeholder: Viet Nam Association of Manpower Supply (VAMAS)
Type of Stakeholder Implementing the Practice: Private Sector, Employers and Recruiters
Type of crisis: Conflict, Natural Disaster
Crisis phase: Crisis Preparedness

Related Links: Code of Conduct for Vietnamese Enterprises Sending Workers for Overseas Employment Description

Description

The Vietnam Association of Manpower Supply (VAMAS), with the cooperation of and technical support from Ministry of Labour, Invalids and Social affairs (MOLISA) and ILO, has formulated and promulgated a Code of Conduct (CoC-VN) for Vietnamese enterprises sending workers for overseas employment. The Code of Conduct:

• Presents the fundamental principles which Vietnamese enterprises recruiting workers for overseas employment should comply with;
• Is based on Vietnam legislation, ILO Conventions and Recommendations and other relevant international instruments and on the actual context of Vietnam;
• Is not a substitute for national legislation and regulations and to be applied voluntarily to complement and support compliance with the law;
• Is an important instrument for enterprises for their better legal compliance; better business management and prevention of forced labor and human trafficking, especially against vulnerable workers such as female workers

Guidelines/Thematic Areas

Information on crises

GUIDELINE 1: Track information on conflicts and natural disasters, and potential impact on migrants

To protect migrants, States, private sector actors, international organizations, and civil society need to understand risks and exposure to crises in regions, countries, and localities. They also need to understand the ways in which crises can affect people, including migrants, and their assets. The period before the onset of a full-scale conflict or natural disaster is a critical time to undertake efforts to protect and assist people, including migrants, and to secure essential resources and infrastructure.

Not all conflicts and natural disasters are entirely unpredictable. Conflicts may be preceded by various signs, including protests, xenophobic violence, and civil unrest. Local actors, close to the source of an impending conflict, and with the experience to interpret signs and events, may often possess the most timely and accurate information. They can be an important source of knowledge for others.

Understanding regional, national, and local natural disaster risks and overlaying this information with information on the location and characteristics of migrants can inform preparation and response efforts. As in conflict situations, local sources of knowledge may also be important. While many natural disasters occur with great immediacy, different regions, countries, and localities are prone to specific types of natural disasters. Those related to weather events often occur with some forewarning. Some are cyclical and recurrent and the warning signs will be familiar to those who have experienced them before. A number of early warning systems exist to forecast and monitor natural disasters and alert stakeholders and communities of impending crises.

Sample Practices

• Early warning systems for natural disasters adapted and tested to reach migrants in multiple languages.
• Assessments to understand the potential effects of natural disasters on migrant communities and their assets.
• Inclusion of migrant characteristics in disaster vulnerability assessments by analyzing how factors, such as immigration status, language proficiency, or gender reduce access to information, resources, or protection.
• Community-based risk assessments that engage migrants in the identification of natural disasters, vulnerability, and capacities.
• Inclusion of migrants’ presence and vulnerability in early warning and early action mechanisms.
• Structures to share information on developing civil unrest or conflict.

Information on migrants

GUIDELINE 2: Collect and share information on migrants, subject to privacy, confidentiality, and the security and safety of migrants

To protect migrants when conflicts or natural disasters erupt, States, private sector actors, international organizations, and civil society need information about migrant populations. Aggregated data on the municipal, national, regional, and international scale of migration and the demographics of migrants, such as gender, age, and nationality, enable stakeholders to understand the nature and scope of needs in the case of a crisis. Local-level migrant community profiles help stakeholders target responses. Some stakeholders collect detailed information on the location of migrants, how to contact individual migrants, emergency and family contacts, and specific vulnerability and needs. Recruitment and placement agencies collect information on the location and situation of labor migrants they deploy to other States and can be a useful source of information.

Migrants play a key role in sharing and updating their information to enable stakeholders to contact and assist them in the event of a conflict or natural disaster. That said, migrants in an irregular immigration status in particular may have reservations about putting themselves at risk by becoming more ‘visible’ and sharing contact and other information with stakeholders, especially State authorities. Such migrants are also more likely to be highly mobile and move from one temporary residence to another. Efforts to collect and share aggregated information on migrants in an irregular situation should address these barriers. Engaging civil society can help mitigate such challenges.

In cases where States, private sector actors, international organizations, and civil society collect personal data, they should respect privacy rights and confidentiality with a view to ensuring the safety and security of the migrants (and where relevant, other stakeholders) on whom they collect and share information. In collecting and handling information containing migrants’ personal details, stakeholders need to act in accordance with applicable law and standards on individual data protection and privacy. Stakeholders should also ensure informed consent. Stakeholders can adopt clear guidelines that define the type of personal data to be collected and the ways in which such data will be handled, including circumstances in which data can be shared.

Sample Practices

• Registration systems for citizens abroad that enable States of origin (or family, community, or civil society, where practical and appropriate) to contact migrants in the event of a crisis and provide them with information on the crisis and available assistance.
• Measures to encourage citizens to register, such as user-friendly, online registration systems that highlight the benefits and services that become available through registration.
• Host State registration systems to collect information on migrants upon arrival.
• Aggregated data and research on migration trends and demographics, including the purpose and routes of migration and nature and characteristics of migrants.
• Information on migrant community profiles, migrant networks, and focal points.
• Databases of migrant workers that include information on accompanying family members.

Empowering migrants

GUIDELINE 3: Empower migrants to help themselves, their families, and communities during and in the aftermath of crises

In order to help themselves and others and to enjoy their rights, migrants need access to identity documents, basic public services, and financial and other resources. Migrants’ ability to help themselves and enjoy their rights can be undermined by factors related to their entry and stay, means of arrival, connections to local populations, and conditions in the host State, including in workplaces. These factors can in turn undermine emergency response and recovery efforts.

States, private sector actors, international organizations, and civil society can promote migrants’ resilience and empower migrants to help themselves during and after a crisis by addressing underlying conditions of vulnerability. Respecting, protecting, and fulfilling migrants' human and labor rights in ordinary times advance these goals as do efforts to ensure migrants are able to access information, basic services, and administrative, judicial, and other redress mechanisms.

Legal, policy, and operational factors that constrain protection should be addressed. Examples of obstacles include laws, policies, and practical barriers that arbitrarily restrict the movement of migrants, enable arbitrary detention, discriminate between migrants and citizens in the provision of humanitarian assistance, or permit exploitative employment or recruitment practices.

In times of crisis, fear of immigration enforcement can inhibit migrants, particularly those in an irregular immigration status, from accessing necessary help. In this context, it is important to separate immigration enforcement actions from those that promote migrants’ access to services, humanitarian assistance, identity documents, and movement.

Stakeholders can provide migrants—prior to departure from the State of origin, upon arrival in the host State, and during their stay in the host State—with pertinent information related to country-specific conflict or natural disaster hotspots, rights and potential rights violations or abuses, ways to access timely, credible, and regular information, emergency contact points, and what to do and where to go in the event of a crisis. Building migrants’ skills to communicate in the host-State language and increasing migrants’ financial literacy may prompt migrants to invest in savings, take out micro-insurance, and better prepare for navigating unforeseen circumstances.

Sample Practices

• Pre-departure and post-arrival training for migrants that includes crisis-related information.
• Positive communication about migrants, including through migrant role models and campaigns to promote tolerance, non-discrimination, inclusiveness, and respect.
• Financial products, including micro-insurance, savings accounts, and fast-cash loans that target migrants’ needs, including low-income migrants.
• Measures that respect, protect, and fulfill migrants’ human and labor rights, including addressing barriers that inhibit migrants’ ability to enjoy their rights.
• Identity cards for migrants in an irregular immigration status to promote their access to services.
• Ethical recruitment processes and accreditation, and integrity certification schemes.
• Community-based alternatives to detention for migrants.

Communication before a crisis

GUIDELINE 6: Communicate effectively with migrants

Migrants need to understand potential risks associated with a crisis, where and how to obtain assistance, and how to inform stakeholders of their needs. Stakeholders should find appropriate channels to communicate with migrants and to identify their needs and capacities. To do so effectively, States, private sector actors, international organizations, and civil society should address language, cultural, and other barriers. The effects of crises, such as power failures, loss of internet and satellite communication systems, and even the deliberate spread of misinformation (for instance, by people smugglers) may disrupt or constrain communication with migrants.

Communication efforts should also take into account the diversity among migrants present in host States. Diverse, multiple, formal, and informal methods of communication can help overcome barriers to effective communication with migrants. Women migrants are a large majority of domestic workers worldwide. Due to the isolated nature of this work, women in domestic work are extremely vulnerable to abuse and exploitation, including physical and sexual abuse, forced labor, and confinement. In times of crisis, this vulnerability is exacerbated and they can be hard to reach via traditional communication channels. Fear of being detected, detained, or deported may inhibit migrants in an irregular immigration situation from accessing available communication channels. Migrant children can become unaccompanied or separated. They absorb information and communicate their needs in different ways than adults. Elderly migrants sometimes lack host-language capabilities. Migrants with disabilities may need braille, audio cues, and other disability-sensitive interventions. In the chaos that can ensue during crises, migrants in detention may be overlooked. Efforts to communicate with migrants should be sensitive to the predicaments of migrants in different circumstances.

Communication channels can take advantage of social media, places of worship, and migrants’ connections with their families and communities in their States of origin. Enlisting and involving migrants and faith-based and other civil society in establishing communication methods, and promoting their ability to communicate with each other, can facilitate communication with migrants, including hard-to-reach and hard-to-engage populations. Health or outreach workers who are already present in the community may be able to communicate in the languages migrants speak and understand different cultures in the community. Engaging and training them may be an effective method to deliver information to migrant communities.

Sample Practices

• Multiple traditional and innovative communication channels to reach diverse migrant populations and minimize the effects of possible communication disruptions.
• Multiple mediums for communication in the languages migrants speak, at diverse literacy levels, to accommodate ways in which people absorb information, including accessible formats for persons with disabilities.
• Mobile applications and social media as a cost-effective, user-friendly, and widely accessible mechanism to provide crisis-related information.
• Helplines, hotlines, and call centers as an accessible and low-tech means through which one-way or two-way communication with migrants can be facilitated.
• Communication by civil society, especially migrant networks, diaspora, and faith-based actors with migrants in an irregular immigration status and others who may be hard to access.

Support migrants' recovery

GUIDELINE 14: Address migrants’ immediate needs and support migrants to rebuild lives

The dislocation and disruption created by conflicts or natural disasters can have significant and severe consequences for the socio-economic wellbeing of migrants and their families. Migrant workers often support themselves and their immediate and extended families, whether they are with them in the host State or in States of origin. Conflicts and natural disasters can stem the flow of income to migrants and curtail remittances to their families. Technical facilities to remit money can be disrupted. Currency devaluations and changes in exchange rates can affect migrants’ savings and assets. Education opportunities for student migrants can be indefinitely suspended. Xenophobia and discrimination against migrants may increase. Post-crisis conditions in host States and States of transit may allow trafficking of persons and other exploitative arrangements to thrive.

Migrants and their families who return to States of origin after prolonged stays in a host State can experience difficulty finding employment and housing and reintegrating. Reintegration may be especially difficult for victims of trafficking, individuals who experienced sexual and gender-based violence in the host State, children born to migrants in host States who have no experience of the culture in the parents’ State of origin, and migrants who have been abroad for extended periods of time. Possible interventions include cash assistance to address immediate needs, psychosocial counseling, health care, physical rehabilitation, family tracing services, assistance to recover outstanding wages, assets and property, compensation to address losses, and much more. Efforts to restore income for those migrants who return to their States of origin may include certification and recognition of skills, education, and training acquired abroad. Many migrants may seek opportunities to acquire new skills upon return. For various reasons, including to revive their incomes, others may seek opportunities to remigrate back to host States once the crisis has subsided or migrate to other countries.

Migrants who remain in their host States can also experience difficulty resuming their previous lives. They will require many of the same support services as migrants who return to their States of origin, such as cash assistance, health care, psychosocial and other counseling, family tracing, compensation, assistance to recover outstanding wages, assets, and property, and efforts to restore income, employment, and education opportunities. Like citizens, migrants’ post-crisis needs should be factored into host State recovery plans and programs at the national and local levels. States may decide to review immigration and visa rules to provide latitude for migrants who wish to remain in the host State to do so legally. Efforts that leverage the solidarity of migrants who remain in host States towards their host communities and societies could counteract xenophobic and discriminatory attitudes.

Sample Practices

• Access to remedies to recover lost property and assets, outstanding wages, pensions, and other benefits.
• Engagement of migrants in host-State reconstruction efforts.
• Flexible immigration procedures to enable migrants to retain regular immigration status.
• Registration, assessment, and recognition of returned migrants’ needs and skills.
• Immediate reintegration support, including cash and medical assistance.
• Income and employment regeneration assistance, including assistance with remigration.
• Certification mechanisms for skills, education, and training acquired abroad.